Order from L and I states they are 100% responsible for PTSD,Major depressive disorder, Panic attacks with Agoraphobia. My AP is 83 y/o and retired. New AP diagnosed Dysthymic disorder. I have never been symptomatic for PTSD even though I had multiple events over an extended period during childhood. I am a RN and was assaulted quite severely by a alzheimers patient. Multiple physical injuries accepted but IMEs said "pre-existing" and not permanantly aggravated! It's been 9 months. Most importantly I would like to know if the diagnosis of Dysthymic disorder can hurt my mental health compensiblity with labor and Industries. I have never gotten a dysthymia disorder before. I am 46 female
The Department of Labor and Industries and self-insured employers are often eager to argue that medical conditions (and especially mental health conditions) pre-existed a worker's industrial injury or exposure. In your case, however, they have already accepted responsibility for similar conditions and the additional diagnosis may have little or no impact on your claim. You should watch out for the following: 1) a formal legal order denying the Dysthymic disorder or any other condition that you believe should be covered, 2) denial of payment for treatment you and your doctor(s) believe should be covered on the claim, or 3) any reduction in the degree of impairment you are compensated for. Good luck.
Dysthmia is a lesser form of chronic depression, which would seem to be subsumed by a Major Depressive disorder. So, depending on WA interpretation of apportionment, your DD may have been aggravated by the incident, but potentially pre-existed it. Speak with a WA Workers' Compensation attorney about whether/how the new diagnosis will affect your case.
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